Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Chad (Ratification: 1960)

The Committee notes the information supplied by the Government in its report.

In its previous comments, the Committee had asked the Government specifically to repeal several texts and to amend others;

- Ordinance No. 30 of 26 November 1975 suspending all strike action;

- Ordinance No. 001/CSM of 8 January 1976 prohibiting public employees and assimilated workers from exercising the right to organize;

- section 36(2) of the Labour Code banning all political activity by unions;

- Ordinance No. 27 INT/SUR of 28 July 1962 regulating associations, which the Government used to obstruct the formation of a union; and

- section 41(a) of the Labour Code subjecting eligibility to trade union office to seven years' residence in Chad.

The Committee notes with satisfaction the contents of the Constitution adopted by referendum on 31 March 1996, which establishes freedom of association and the right to strike and provides expressly that unions may be dissolved only by judicial procedure (sections 28, 29 and 30).

The Committee also notes the Government's assurances in its report that it has just adopted a new Labour Code and will be submitting it to Parliament for final adoption.

In particular, the Committee notes with interest that, according to the Government, Ordinances Nos. 30 and 001/CSM of 1975 and 1976 are expressly repealed by section 508 of the new Code, that section 36(2) of the 1966 Labour Code banning all political activity by trade unions is abolished by section 297 of the new Code and that section 300 of the new Code reduces the length of residence in Chad required for foreigners to participate in the administration or management of a union to five years.

The Committee also notes with interest that a draft amendment to Ordinance No. 27 INT/SUR of 28 July 1962 on associations, to the effect that it does not apply to trade union organizations has been submitted to the Ministry of the Interior and Security.

The Committee asks the Government to provide information on progress made in its next report and to send in the near future all the above texts, which align the legislation more closely with the Convention.